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Federal Law for the Protection of Industrial Property – Relevant changes on litigation

On July 1, 2020, and as a result of the entry into force of the United States–Mexico–Canada Agreement (USMCA), the new Federal Law for Protection of the Industrial Property, was enacted.

The new IP Law, represents an important legislative change in modern times, as it is aimed at matching the domestic law with the standards set by the new trade and cooperation agreements signed by Mexico in recent years, and it will come into force on November 5, 2020.

This new IP Law represents a major change in most of the chapters of the former law, thus impacting the protection of the various legal frameworks contained in the law.

Focusing specifically on the protection of Industrial Property Rights, the new law is introducing new relevant actions and changes which can be outlined as follows:

  • Introduction of conciliatory proceedings only for infringement proceedings.
  • Partial Non-use Cancellation Actions, the Mexican Institute of Industrial Property (IMPI) is empowered to declare the cancellation of the registration in connection with the products/services that are not in use.
  • Partial Invalidity Actions only in connection with some of the goods or services covered by the trademark registration.
  • Changes in the burden of proof of the invalidity cause of action based on false data.
  • Opposition proceedings: the invalidity actions based on the same arguments and evidence submitted in the opposition proceeding will not be allowed.
  • Preliminary injunctions:
  • IMPI is empowered to order to the alleged infringer or to third parties, the suspension, lock or removal of contents, or to cease any acts violating the Law, through any virtual, digital or electronic media, known or to be known.
  • Moreover, IMPI is empowered to order the suspension of the free movement of goods intended for import, export, transit, or any customs regime, which constitute a violation to the Law.

FOR FURTHER INFORMATION ON THE CONTENT OF THIS NEWSLETTER, PLEASE CONTACT:

WHO CAN BE FOUND AT THE FOLLOWING NUMBER:

+52(55) 5322 3000

TRADEMARKS

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